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States and cities with police union agreements provisions related to misconduct investigations
| Police hiring, training, and discipline |
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| • Police collective bargaining agreements (CBAs) • Ballotpedia CBA dashboard •Reform proposals •CBA areas of inquiry and disagreement •Arguments about police collective bargaining • Index of articles about criminal justice policy |
| Click here for more analysis of police hiring, training, and disciplinary requirements by state and city on Ballotpedia |
This page contains information from a Ballotpedia analysis about which states and cities have police union agreements related to misconduct investigations. It is part of an analysis of police union collective bargaining agreements and related arrangements with police unions concerning hiring, training, and disciplinary requirements in the 50 states and top 100 cities by population.
According to the analysis, 23 states and 70 cities have police union agreements that related to misconduct investigations as of December 2023.
This page features the following sections:
Maps
Background
Through the lens of more than 30 research questions related to police hiring, training, and discipline, Ballotpedia examined the collective bargaining agreements, statutes, and regulatory codes governing the 50 states and the top 100 US cities by population.
Some of the hiring, training, and discipline standards for police officers not established by statutes or regulations arise from negotiations with police unions. Those negotiations are often codified in collective bargaining agreements. Those agreements are the contracts that states and cities sign following negotiations with police unions. Some states and cities restrict collective bargaining, but may still negotiate with police unions using other methods. After negotiating with the unions, those jurisdictions sometimes establish police standards through documents including memoranda of understanding or meet and confer agreements.
You can find lists of all the collective bargaining agreements and other documents used by Ballotpedia for this survey here for states and here for cities.
Summary of findings
Ballotpedia's analysis of state and city union policies produced the following key takeaways (as of 2023):
- There are 23 state CBAs and 70 city CBAs that contain provisions related to misconduct investigations
- There are three state CBAs and nine city CBAs that do not contain provisions related to misconduct investigations
- There are 22 states and 21 cities that do not have police CBAs
- There are two states and one city in which the request for information on police CBAs was denied or information could not be verified
Results
The tables below include each state and city in alphabetical order and indicate those that have police union agreements that specify how law enforcement officers will be investigated for misconduct. To see the provisions Ballotpedia used to support these results, click here.
- YES means that the jurisdiction has police union agreements related to misconduct investigations
- NO means that the jurisdiction does not have police union agreements related to misconduct investigations
- UNKNOWN means that Ballotpedia could not verify whether the jurisdiction had police union agreements related to misconduct investigations
- NO CBA means that the jurisdiction does not have a police union agreement
- FOIA DENIED means that the jurisdiction rejected Ballotpedia's request to review any collective bargaining agreements
Results by state
| State | misconduct-investigations |
|---|---|
| Alabama | NO CBA |
| Alaska | YES |
The rights of members during the investigative process are detailed. The criminal investigation procedure is detailed along with two types of investigations of disciplinary actions: Administrative Investigation and Known and Obvious/ Supervisory Review. A timeline is provided for both types of investigations of disciplinary actions. | |
| Arizona | NO CBA |
| Arkansas | NO CBA |
| California | YES |
Dispute resolution for complaints | |
| Colorado | NO CBA |
| Connecticut | YES |
Grievance procedure is vague, but procedure could potentially cover misconduct investigations | |
| Delaware | FOIA DENIED |
| District of Columbia | YES |
Investigatory questioning, includes types. Does not give a timeline for deadline to finish investigation. Evidence must be disclosed. Article 12, Discipline section deleted from CBA | |
| Florida | YES |
Investigation procedure | |
| Georgia | NO CBA |
| Hawaii | YES |
Investigation procedure | |
| Idaho | NO CBA |
| Illinois | YES |
Disciplinary and termination action | |
| Indiana | NO CBA |
| Iowa | NO |
| Kansas | YES |
Investigation procedure | |
| Kentucky | NO CBA |
| Louisiana | NO CBA |
| Maine | YES |
Investigation procedure | |
| Maryland | NO |
| Massachusetts | YES |
Investigation procedure | |
| Michigan | YES |
Investigation procedure and bill of rights | |
| Minnesota | YES |
Disciplinary procedure | |
| Mississippi | NO CBA |
| Missouri | NO CBA |
| Montana | YES |
Management has right to discipline, but no further details on specific procedure | |
| Nebraska | YES |
Disciplinary rights and procedures and investigatory suspension | |
| Nevada | YES |
| New Hampshire | YES |
Officers will be informed in writing when investigation is underway and complete. No further description of investigatory procedure; Both parties agree to establish a task force to identity and propose solutions to current investigatory timeline and practices, due May 2024 | |
| New Jersey | YES |
Disciplinary procedure | |
| New Mexico | NO CBA |
| New York | NO |
| North Carolina | NO CBA |
| North Dakota | NO CBA |
| Ohio | YES |
Administrative investigation procedure for misconduct | |
| Oklahoma | NO CBA |
| Oregon | YES |
Process for investigating complaints and discipline | |
| Pennsylvania | YES |
Disciplinary steps and officer rights when under investigation | |
| Rhode Island | YES |
Disciplinary suspension shall not occur without departmental proceeding. No further details on how investigation will proceed. | |
| South Carolina | NO CBA |
| South Dakota | NO CBA |
| Tennessee | NO CBA |
| Texas | NO CBA |
| Utah | NO CBA |
| Vermont | YES |
Procedures for both disciplinary and corrective action | |
| Virginia | NO CBA |
| Washington | YES |
Investigation procedures and timeline; disciplinary procedures | |
| West Virginia | UNKNOWN |
| Wisconsin | YES |
Disciplinary procedure | |
| Wyoming | NO CBA |
Results by city
| City | misconduct-investigations |
|---|---|
| Albuquerque, New Mexico | YES |
| Anaheim, California | NO |
| Anchorage, Alaska | YES |
Gives steps for investigation but makes no mention of timeline | |
| Arlington, Texas | NO CBA |
| Atlanta, Georgia | NO CBA |
| Aurora, Colorado | NO |
| Austin, Texas | YES |
Investigative process; disciplinary actions | |
| Bakersfield, California | NO |
| Baltimore, Maryland | YES |
Disciplinary procedure | |
| Baton Rouge, Louisiana | YES |
Discipline; Investigative procedure | |
| Birmingham, Alabama | NO CBA |
| Boise, Idaho | YES |
Lists reasons for removal but not method of investigation | |
| Boston, Massachusetts | NO |
| Buffalo, New York | UNKNOWN |
| Chandler, Arizona | YES |
Lists who shall handle different classes of complaints. Refers to Title 38 of AZ Revised Statutes for procedure. Unit members must be informed of all evidence used in the investigation. | |
| Charlotte, North Carolina | NO CBA |
| Chesapeake, Virginia | NO CBA |
| Chicago, Illinois | YES |
| Chula Vista, California | YES |
City has right to discipline or discharge employees for proper cause | |
| Cincinnati, Ohio | YES |
Certain disciplinary action may be subject to review under grievance procedure. No detail on investigative procedure given. | |
| Cleveland, Ohio | YES |
Officer bill of rights regarding investigation and procedure; Disciplinary suspension and procedure | |
| Colorado Springs, Colorado | NO CBA |
| Columbus, Ohio | YES |
Disciplinary procedure; Investigative procedure, including right to representation and how questioning shall be conducted. Non-criminal complaints must be received within 90 days of occurence to be investigated. Applicable criminal statute of limitations applies for timeline for criminal investigations | |
| Corpus Christi, Texas | YES |
Right to discipline for cause and investigation procedure Article 143, Texas Local Government Code, Section 143.052(h) and Section 143.056 will be deferred to for statute of limitations | |
| Dallas, Texas | NO |
| Denver, Colorado | NO |
| Detroit, Michigan | YES |
Chief of police has right to discipline for legitimate reason. Employee must appeal within 3 days if they wish to do so.; Employee rights during investigative hearing | |
| Durham, North Carolina | NO CBA |
| El Paso, Texas | YES |
Procedure for internal investigation and time frame | |
| Fort Wayne, Indiana | YES |
Investigative procedure; States employees can be subject to disciplinary action | |
| Fort Worth, Texas | YES |
Investigative procedure and officer rights | |
| Fremont, California | YES |
Disciplinary appeal proceedings, but no mention of disciplinary procedure | |
| Fresno, California | YES |
Disciplinary procedure through administrative hearing, timeline for response | |
| Garland, Texas | NO CBA |
| Gilbert, Arizona | NO CBA |
| Glendale, Arizona | YES |
| Greensboro, North Carolina | NO CBA |
| Henderson, Nevada | YES |
Types of discipline and disciplinary process | |
| Hialeah, Florida | YES |
Disciplinary process, rights of officers, and timeline for completion. Officer must be allowed to review all written statements before the investigation. | |
| Honolulu, Hawaii | YES |
Disciplinary procedure, but no details on investigative process | |
| Houston, Texas | YES |
Investigative procedure and timeline | |
| Indianapolis, Indiana | YES |
Investigative procedure, no timeline given | |
| Irvine, California | YES |
Disciplinary and investigative procedure, and right to appeal | |
| Irving, Texas | NO CBA |
| Jacksonville, Florida | YES |
Investigative and disciplinary procedure, which shall include a hearing board; Allows for emergency suspension given certain circumstances | |
| Jersey City, New Jersey | YES |
| Kansas City, Missouri | YES |
Investigative procedure and disciplinary procedure | |
| Laredo, Texas | YES |
Disciplinary procedure and appeal; investigative procedure | |
| Las Vegas, Nevada | YES |
City will inform union of any employees of bargaining unit under investigation; states that agencies employing peace officers shall establish written procedures for investigations but does not state what those procedures are. Employee allowed to review evidence. | |
| Lexington, Kentucky | YES |
Investigative and disciplinary procedure for formal and informal complaints. Includes timeline for how long investigations should last with notice to officer | |
| Lincoln, Nebraska | YES |
Investigative procedure; Disciplinary procedure and categories for action | |
| Long Beach, California | YES |
Every attempt will be made to conclude investigative procedures within 180 days. No detail of specific procedure. | |
| Los Angeles, California | YES |
Investigative procedure, categories, and appeal process | |
| Louisville, Kentucky | YES |
Mentions KRS 67C.326, Police bill of rights is governing. Lists investigative and disciplinary procedure | |
| Lubbock, Texas | NO CBA |
| Madison, Wisconsin | YES |
Chief of police has right to discipline for just cause. No further detail about investigative procedure. | |
| Memphis, Tennessee | YES |
Investigative procedure and types of investigations. No timeline given. | |
| Mesa, Arizona | NO CBA |
| Miami, Florida | YES |
Investigative and disciplinary procedure | |
| Milwaukee, Wisconsin | YES |
Interrogations can only occur during working hours, with exceptions. No further detail on investigative procedure in CBA. | |
| Minneapolis, Minnesota | YES |
Investigative procedure, right to appeal, and how interviews shall be conducted | |
| Nashville, Tennessee | YES |
Defines corrective and disciplinary action, but gives no further detail as to procedure. Refers to Civil Service Rules 6.3 & 6.5 for further detail. | |
| Newark, New Jersey | YES |
Disciplinary procedure and timeline for just cause | |
| New Orleans, Louisiana | NO CBA |
| New York, New York | NO |
| Norfolk, Virginia | NO CBA |
| North Las Vegas, Nevada | YES |
Disciplinary and investigative procedure with timeline | |
| Oakland, California | YES |
Grievance procedure mentions "the City shall thoroughly and adequately investigate all allegations and comply with the members' due process rights." No further detail of procedure given. | |
| Oklahoma City, Oklahoma | YES |
Officer bill of rights and investigative procedure with conclusion within 90 days or witten explanation every 90 days why investigation is still ongoing | |
| Omaha, Nebraska | YES |
Disciplinary procedure and reasons for discipline; Handling of citizen complaints | |
| Orlando, Florida | YES |
Procedure for investigation and types of discipline | |
| Philadelphia, Pennsylvania | YES |
Investigation procedure | |
| Phoenix, Arizona | YES |
Details members rights during investigative procedure, and the procedure itself. Members will be notified in writing every 3 months regarding the current status of the investigation. Employee given access to all investigatory material. | |
| Pittsburgh, Pennsylvania | YES |
| Plano, Texas | NO CBA |
| Portland, Oregon | YES |
Outlines investigative procedure, which applies to non criminal investigations; Corrective action guide lists different kinds of misconduct and proper department response. | |
| Raleigh, North Carolina | NO CBA |
| Reno, Nevada | YES |
All discipline shall only be for just cause. Does not detail investigative procedure, only right to appeal. | |
| Richmond, Virginia | NO CBA |
| Riverside, California | NO |
| Sacramento, California | YES |
Covers employee rights during an internal investigation | |
| San Antonio, Texas | YES |
Investigative procedure. Minor allegations investigated within 21 days of receipt of complaint. Internal affairs investigations applies to all non-criminal investigations of misconduct. | |
| San Bernardino, California | YES |
Skelly rights for no discipline without just cause | |
| San Diego, California | YES |
Officer procedural bill of rights for investigations and right to appeal; Details investigative procedure | |
| San Francisco, California | YES |
Employee has access to all evidence 72 hours before hearing. | |
| San Jose, California | YES |
Does not detail exact procedure, but an independent police auditor (IPA) can participate in administrative interview/interrogation. | |
| Santa Ana, California | YES |
Disciplinary procedure and right to appeal. CBA mentions governing sections in Santa Ana municipal code. | |
| Scottsdale, Arizona | NO CBA |
| Seattle, Washington | YES |
Investigation procedure and discipline. Discipline must happen within 180 days of start date of investigation/receipt of complaint. | |
| St. Louis, Missouri | NO |
| Stockton, California | YES |
Any disciplinary action may be taken for cause. Employees have right to appeal. | |
| St. Paul, Minnesota | YES |
Discipline, no reference to investigative procedure | |
| St. Petersburg, Florida | YES |
References General Order II-10, Section IV Processing Complaints Against Personnel | |
| Tampa, Florida | YES |
Investigation procedure, including procedure and how the department shall resolve. Investigation of allegation must be concluded within 180 days. Employees have right to appeal to Complaint Review Board. Disciplinary action. | |
| Toledo, Ohio | YES |
Employee bill of rights outlines rights in investigative procedure. Minor complaint investigations finished in 45 days after filing of original report. Major complaint investigations except criminal felony complaints shall conclude in 100 days after filing of original report. Statute of limitations in Ohio Revised Code has ruling authority for criminal complaints involving felony investigations. | |
| Tucson, Arizona | YES |
Allegations of misconduct must be investigated. Details both criminal and administrative investigations, which will be concluded in 180 days. Department may request one-time 30 day extension. Article 9 also states that any false charges against police officers will be pursued under criminal prosecution. | |
| Tulsa, Oklahoma | YES |
Discipline; Officer bill of rights under investigation. Officers under investigation will be updated every 90 days Article 11 allows for reduction of accrued vacation time as "an effective means of corrective discipline which does not impose financial hardship on the Employee and does not create a manning problem for the Employer." | |
| Virginia Beach, Virginia | NO CBA |
| Wichita, Kansas | YES |
Disciplinary procedure and administrative investigation, not including criminal investigations Guidance not within the CBA for investigative procedures will be found in Supervisor's Manual. Article 13.3 states that department director shall establish a process for receipt, investigation, and determination of criminal complaints. | |
| Winston-Salem, North Carolina | NO CBA |
See also
Footnotes
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